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Securities and Exchange Commission v. Cavallero

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


March 22, 2007

SECURITIES AND EXCHANGE COMMISSION, PLAINTIFF,
v.
RICARDO CAVALLERO, ELENA H. DE CAVALLERO, JUAN CARLOS PERALTA, SEBASTIAN KOHAN MILLER, AND SILVINA GARCIA TOBAR DE MILLER, DEFENDANTS.

The opinion of the court was delivered by: Judge Manning

Magistrate Judge Nolan

AGREED MOTION FOR ENTRY OF FINAL JUDGMENT AND ORDER AS TO DEFENDANTS JUAN CARLOS PERALTA, RICARDO CAVALLERO AND ELENA H. DE CAVALLERO

Plaintiff United States Securities & Exchange Commission ("SEC") and Defendants Juan Carlos Peralta, Ricardo Cavallero, and Elena H. De Cavallero (the "Cavallero Defendants"), submit this Agreed Motion for Entry of Final Judgment and Order. In support, the SEC and the Cavallero Defendants jointly state as follows:

1. The SEC and the Cavallero Defendants have reached a proposed resolution in this case. The Cavallero defendants consent to the entry of the attached Final Judgment and Order As to Defendants Juan Carlos Peralta, Ricardo Cavallero and Elena H. De Cavallero ("Final Judgment and Order") (See Exhibit A).

2. The Final Judgment and Order, among other things, imposes against Defendant Peralta a permanent injunction against future violations of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, orders disgorgement of $687,541.81, prejudgment interest of $23,101.41 and a civil penalty of $368,698.78.

Defendant Peralta's Consent to the entry of the Final Judgment and Order is attached.

(See Exhibit B).

3. The Final Judgment and Order also dismisses with prejudice the SEC's claims against Defendants Ricardo Cavallero and Elena H. De Cavallero.*fn1 WHEREFORE, the SEC and Defendants Juan Carlos Peralta, Ricardo Cavallero and Elena H. De Cavallero respectfully request that the Court enter the attached Final Judgment and Order.


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